“The former State Department employee who set up Hillary Clinton’s private email server did not appear before the House Oversight Committee on Tuesday morning despite a subpoena to testify on the deletion of some of Clinton’s emails.

Bryan Pagliano exercised his Fifth Amendment right not to testify against himself before the House Select Committee on Benghazi in 2015. He was also reportedly awarded an immunity deal during the FBI’s now-closed investigation into Clinton’s use of the server while secretary of State.

“It’s a serious matter. Mr. Pagliano has chosen to evade a subpoena duly issued by the committee. I will consult with counsel and my colleagues to consider a full range of options available to address Mr. Pagliano’s failure to appear,” Chairman Jason Chaffetz (R-Utah) said.

“He should be here. When you are served a subpoena by the United States Congress, that is not optional,” he said.”